SUPREME COURT OF QUEENSLAND
CITATION:
R v Purcell [2017] QCA 111
PARTIES:
R
v
PURCELL, Jiah Rhys
(applicant)FILE NO/S:
CA No 1 of 2017
DC No 220 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Cairns – Date of Sentence: 24 November 2016DELIVERED ON:
31 May 2017
DELIVERED AT:
Brisbane
HEARING DATE:
30 May 2017
JUDGES:
Sofronoff P and Gotterson JA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to dangerous operation of a vehicle causing death and five summary traffic offences – where four of the summary offences were committed while the applicant was on bail for the indictable offence – where the applicant was sentenced to eight years’ imprisonment for the indictable offence, six months’ imprisonment for failing to stop and two months’ imprisonment for each of the other summary offences to be served concurrently – where the applicant will be eligible for parole after serving one-third of his head sentence – where the applicant was also disqualified from holding a driver’s licence for two years – where the learned sentencing judge considered the range reflecting the totality of the offending and arising from comparable sentences was eight to nine years’ imprisonment – where the learned sentencing judge adopted an eight year sentence because the applicant’s driving was not deliberately reckless – whether the learned sentencing judge erred in concluding the sentencing range was between eight and nine years – whether the sentence was manifestly excessive
Criminal Code (Qld), s 328A
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Blackaby[2010] QCA 84, distinguished
R v Goodwin; Ex parte Attorney-General(Qld) (2014) 247 A Crim R 582; [2014] QCA 345, cited
R v Hopper[2011] QCA 296, considered
R v Pham (2015) 256 CLR 550; [2015] HCA 39, cited
R v Thomas[2015] QCA 20, distinguishedCOUNSEL:
F D Richards for the applicant
N Rees for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of Gotterson JA and with the order his Honour proposes. I have nothing to add.
GOTTERSON JA: The applicant, Jiah Rhys Purcell, pleaded guilty to an indictable offence and a summary offence committed on 6 February 2015 and to four summary traffic offences committed on 2 August 2015. He was sentenced for all offending on 24 November 2016 in the District Court at Cairns.
The offences were as follows:
6 February 2015
·an indictable offence against s 328A(4)(b) Criminal Code (Qld), dangerous operation of a vehicle on the Cairns Western Arterial Road causing the death of Ricky Dillon Arthur Veit (“the…
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- AGLC
- R v Purcell [2017] QCA 111
- Case
- [2017] QCA 111
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentencing judge erred in concluding that the appropriate sentencing range was between eight and nine years’ imprisonment. The applicant contended that the sentence was manifestly excessive given the totality of the offending and comparable sentences. The court had to consider the principles of sentencing, particularly those relating to the dangerous operation of a vehicle causing death and the cumulative impact of the summary offences committed while on bail for the indictable offence. The court also had to examine whether the sentence imposed was proportionate to the seriousness of the applicant’s offending.
In assessing the appeal, the court considered the nature and gravity of the indictable offence and the summary offences. It noted that the applicant’s driving was not deliberately reckless, which influenced the sentencing range. The court concluded that the sentencing judge appropriately assessed the range and found no error in the judge’s determination. Given that the sentence fell within the assessed range and was not manifestly excessive, the court dismissed the appeal. The court confirmed that the sentence imposed was appropriate and did not warrant interference.
The court’s final order was that the application for appeal against the sentence was refused. The sentence of eight years’ imprisonment, along with the concurrent sentences for the summary offences and the disqualification from holding a driver’s licence, remained in place. The applicant’s eligibility for parole after serving one-third of the head sentence was also upheld.
Orders
Orders of the court
Application refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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